Tribe: Makah Indian Tribe of the Makah Indian Reservation
5.20.1 Minor First Crimes. (1) The tribal prosecutor may enter into a deferred prosecution agreement with a person charged for the first time with an infraction, misdemeanor, or gross misdemeanor where no firearm was used in the crime and where no violence occurred in connection with the crime. (2) (2) The agreement shall be signed by the judge, and it shall set forth the following conditions: (a) (a) the defendant shall refrain from engaging in any unlawful activity for a specified period of time up to one year; (b) (b) delay in bringing the case to trial shall not be grounds for dismissal; (c) (c) the prosecutor shall defer prosecution of the defendant during the specified period of time if the defendant is not charged with any criminal or fisheries crimes during that time; and (d) (d) the court shall dismiss with prejudice the charges against the defendant at the end of the specified period of time if the defendant has not been charged with any criminal or fisheries violation during that time. (3) (3) If the defendant is charged with any crime or fisheries violation during the specified period of time, the prosecutor may terminate the deferred prosecution agreement and the defendant shall be arraigned on the original charges. […] 5.20.2 Timing and Contents of Request for Deferred Prosecution. A person charged with a misdemeanor or gross misdemeanor who is affected by alcohol or drug abuse may make a request to the court to be considered for a deferred prosecution program under this Section. (1) The request shall be made at arraignment or before the trial. (2) The person’s request must state the following: (a) the person charged suffers alcohol or substance abuse problems; (b) those problems influenced the person’s action in committing the crime charged; (c) the person charged is in need of treatment for alcohol or substance abuse problems; (d) without treatment, there is a great probability of future reoccurrence of similar misconduct; and (e) a case history of the person’s alcohol or drug problems. […] 5.20.3 Referral; Required Report
In its sole discretion, the court may continue the arraignment and refer the person to a licensed substance abuse counselor for a diagnostic evaluation. The counselor shall conduct an examination and shall make a written report to the court with a copy to the defendant including the following findings:
(1) a professional opinion as to whether the person suffers from the problem alleged; and
(2) a professional opinion as to whether there is a probability that similar misconduct will reoccur in the future if the problem is not treated; and
(3) a professional opinion as to whether extensive treatment is required; and
(4) whether affective treatment for the person’s problem is available; and
(5) if treatment is recommended, a treatment plan specifying the location, nature, length, treatment time schedule and cost of the plan. […] 5.20.5 Court’s Determination to Order Treatment
(1) If the defendant agrees to comply with the terms and conditions of the plan and agrees to pay the cost thereof or arrange for the treatment, the court shall order that the defendant be accepted for deferred prosecution.
(2) If treatment is not recommended, the plan does not meet the requirements in this section, or the defendant declines to accept the treatment plan, the defendant shall be arraigned on the charges. […] 5.20.6 Use of Evidence re Request for Treatment
Evidence pertaining to or resulting from the defendant’s request and/or the evaluation is inadmissible in any trial on the charges but may be used after conviction in determining a sentence. […] 5.20.7 Effect of Defendant’s Noncompliance with Treatment Plan
If a defendant in a deferred prosecution program fails or neglects to fulfill any term or condition of the treatment plan, the facility or agency administering the treatment shall immediately report the breach to the court. Upon receiving such a report, the court shall hold a hearing to determine whether the defendant should be removed from the deferred prosecution program. If removed from deferred prosecution, the defendant shall be arraigned on the original charge.